§ 159.16  ADMINISTRATIVELY APPROVED USES.
   (A)   General.  The following provisions shall govern the issuance of administrative approvals for towers and antennas.
      (1)   The Zoning Administrator may administratively approve the uses listed in this section.
      (2)   Each applicant for administrative approval shall apply to the Zoning Administrator providing the information set forth in § 159.17(B)(1) and (3) and a non-refundable fee of $250 to reimburse the village for the costs of reviewing the application.
      (3)   The Zoning Administrator shall review the application for administrative approval and determine if the proposed use complies with §§ 159.05, 159.17(B)(4) and (B)(5).
      (4)   The Zoning Administrator shall respond to each such application within 60 days after receiving it by either approving or denying the application.  If the Zoning Administrator fails to respond to the applicant within the 60 days, then the application shall be deemed to be approved.
      (5)   In connection with any such administrative approval, the Zoning Administrator may, in a case involving shared use, administratively waive any zoning district setback requirements in § 159.17(B)(4) or separation distances between towers in § 159.17(B)(5) by up to 50%.
      (6)   In connection with any such administrative approval, the Zoning Administrator may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
      (7)   If an administrative approval is denied, the applicant's administrative remedy shall be limited to filing an application for a special use permit pursuant to § 159.17.
   (B)   List of administratively approved uses.  The following uses may be approved by the Zoning Administrator after conducting an administrative review.
      (1)   Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial zoning district.
      (2)   Locating antennas on existing structures or towers consistent with the terms of (a) and (b) below.
         (a)   Antennas on existing structures.  Any antenna which is not attached to a tower may be approved by the Zoning Administrator as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight or more dwelling units, provided:
            1.   The antenna does not extend more than 30 feet above the highest point of the structure;
            2.   The antenna complies with all applicable FCC and FAA regulations; and
            3.   The antenna complies with all applicable building codes.
         (b)   Antennas on existing towers.  An antenna which is attached to an existing tower may be approved by the Zoning Administrator and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
            1.   A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Zoning Administrator allows reconstruction as a monopole.
            2.   Height.
               a.   An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna.
               b.   The height change referred to in division (B)(2)(b)2.a. above may only occur one time per communication tower.
               c.   The additional height referred to in division (B)(2)(b)2.a. above shall not require an additional distance separation as set forth in § 159.17.  The tower's premodification height shall be used to calculate such distance separations.
            3.   Onsite location.
               a.   A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within 50 feet of its existing location.
               b.    After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.
               c.   A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to § 159.17(B)(5).  The relocation of a tower hereunder shall in no way be deemed to cause a violation of § 159.017(B)(5).
               d.   The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in § 159.17(B)(5) shall only be permitted when approved by the Zoning Administrator.
      (3)   New towers in non-residential zoning districts.  Locating any new tower in a non- residential zoning district other than industrial provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the Zoning Administrator concludes the tower is in conformity with the goals set forth in § 159.01 and the requirements of § 159.05; the tower meets the setback requirements in § 159.17(B)(4) and separation distances in § 159.17(B)(5); and the tower meets the following height and usage criteria:
         (a)   For a single user, up to 90 feet in height;
         (b)   For two users, up to 120 feet in height; and
         (c)   For three or more users, up to 150 feet in height.
      (4)   Installing a cable microcell network through the use of multiple low powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
(Ord. 99-14, passed 3-23-99)